John Wiley Price’s attorney blasts feds for bid to keep funds from commissioner

An attorney for Dallas County Commissioner John Wiley Price filed court papers Tuesday asking a federal judge not to grant the government’s request for a judgment that would allow it to keep cash that agents seized from him.

In the strongly worded motion, attorney Billy Ravkind blasted prosecutors from the U.S. attorney’s office who filed their motion about two weeks ago in a civil forfeiture lawsuit.

Ravkind wrote that the forfeiture case is “nothing more than a sham or a ruse.” He said its only purpose is to try to get evidence the government needs in its criminal investigation of Price.

Price and his top assistant, Dapheny Fain, are claiming $229,590 found in a safe in Price’s home and $230,763 confiscated from a land deal as part of the FBI’s investigation into Price and his associates. Price has denied any wrongdoing, and no one has been charged with any crime.

Price says he owns $115,000 found in the safe as well as the money from the land sale. Fain has claimed the remaining money from the safe. Her attorney has said Price was holding it for safekeeping.

Price and Fain say the money came from legitimate business dealings. The government says it is proceeds of crimes.

Ravkind took issue with prosecutor Walt Junker’s position that he warned him about deadlines to file certain court documents and instructed him on what to file and how.

“The government is not the judge or the jury in this case,” Ravkind said in his motion.

He said the government is wrong in contending that Price needs to identify the serial number of each bill seized, a task Ravkind called impossible.

“Despite the government’s apparent belief that litigation is a game, it is not; rather, litigation is an attempt to get at the truth of what actually happened and to obtain justice,” Ravkind wrote in his motion.

He said that giving Price “his day in court” — a trial — would offer a way to determine who actually owns the seized money. It would also allow Price to “challenge the vast array of governmental power which has been assembled against him,” Ravkind wrote.

The government filed the forfeiture lawsuit in May, accusing Price of conspiring with associates to commit bribery, money laundering and bankruptcy fraud.

U.S. District Judge Sidney Fitzwater in September denied motions by Price and Fain to delay the civil forfeiture proceedings until the criminal investigation is resolved. The judge ruled that because neither had filed a response to the forfeiture case, they lacked legal standing to ask for a delay.

Price attorney Billy Ravkind’s motion said:

“If there is a better example of hypocrisy, counsel would very much like to see it.”

“One thing is for sure, the government is entitled to nothing.”

“The court should reject such nonsense.”

“Although the government did not say so, presumably it also believes that it is in a better position to decide if the court’s own caseload needs lessening.”

“Apparently the goose is not good for the gander when it comes to the government.”

“The government will have an opportunity to explain their otherwise aberrant conduct.”

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